Point of law: Since punishment prescribed for the offences alleged against the 1st petitioner is an imprisonment of seven years or below seven years, the Investigating Officer has to necessarily follow the procedure laid down under Section 41-A of Cr.P.C.,

ORDER :

Kunuru Lakshman, J.

1. This Criminal Petition, under Section 482 of the code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioners herein seeking to quash the proceedings against them in Crime No. 95 of 2021 on the file of CCS, DD, Women Police Station, Hyderabad. The petitioners herein are accused Nos. 1 to 3, 5 and 6. The offences alleged against them are under Sections 498-A and 506 I.P.C.

2. As per the complaint of the 2nd respondent, dated 30.01.2021, the allegations against the petitioners herein are as follows :

The marriage of the 2nd respondent with the 1st petitioner was performed on 09.09.2016. During their lawful wedlock, they were blessed with a son. Thereafter, the petitioners herein started harassing and ill-treating her both physically and mentally for want of additional dowry. Several times, they have attempted to kill 2nd respondent. Due to their mental and physical harassment, the 2nd respondent affected with several health issues. As per the demand of the 1st petitioner, the parents of the 2nd respondent have provided financial support to 1st petitioner by giving cash of Rs. 10,00,000/-. The 1st petitioner is having extra marital relationship with several women and with the said relationship, he used to harass the 2nd respondent both physically and mentally. With the said attitude of the 1st petitioner, she used to cry every night and used to get severe head-ache. Her mother-in-law, the 2nd petitioner herein did not take any action against the 1st petitioner and on the other hand, she has supported him in all his illegal activities including the extra marital relationship. Due to the said harassment, the health of the 2nd respondent has deteriorated day-by-day and nobody is look after her necessities. The said fact was informed to her parents and her siblings, who were in Kuwait. They have taken the 2nd respondent to a Neurologist, who suggested MRI Scan to her. Her mother has shocked about MRI Scan report of the 2nd respondent and later the 2nd respondent was operated for brain tumor at Sunshine Hospital, Gachibowli. All the expenses were borne by her mother and later they went back to Kuwait. In January, 2019, parents of 2nd respondent called the 1st petitioner to Kuwait on work Visa basis and accordingly, he went to Kuwait by leaving the 2nd respondent at her matrimonial house. In the absence of 1st petitioner, his parents, the 2nd and 3rd petitioners, his sister the 5th petitioner herein started giving mental tortures to the 2nd respondent and they have instigated the 1st petitioner, who abused her and her family members in filthy language over mobile phone. The 1st petitioner used to tell her that he will perform 2nd marriage with any rich girl so that he can get handsome dowry and property. In the month of June, 2019, the 2nd respondent went to Kuwait along with her minor son to join her services with the 1st petitioner. She and 1st petitioner along with her minor child were living in a rented house, in the same building where her parents used to stay. Even there also, the 1st petitioner continued his extra marital affairs and he continuously harassed the 2nd respondent both mentally and physically. He never cared the 2nd respondent and he never gave a status of wife. He did not spend single penny on her. He has taken her entire salary every month when she was working in Kuwait. He has sent the said money to his parents. With the said allegations, the 2nd respondent has lodged a complaint on 30.01.2021 with CCS DD, Women Police Station, Hyderabad, who in turn registered a case in Crime No. 95 of 2021 for the aforesaid offences against the petitioners herein and accused No. 4.

3. Sri Mir Masood Khan, learned counsel for the petitioners would submit that the dispute between the 1st petitioner and the 2nd respondent is a matrimonial dispute and the police on receipt of complaint, dated 30.01.2021, at 13:30 hours registered a case immediately without following the guidelines